Page 76 - When Things Go Wrong
P. 76

212
                   with the court to fulfil the public interest in upholding the rule of law.
                   [emphasis added]

         4.38  Outside the health sector, public bodies in other fact-finding jurisdictions are
               assisted by the Treasury Solicitor Guidance: “the principles set out here may
               have generic relevance to Standard Disclosure under Part  31 CPR in such
               cases, Norwich Pharmacal orders, applications for specific discovery and to
               inquests and inquiries”  [emphasis added].
                                    213

         The Bishop’s Charter

         4.39  In  Patronising Disposition,  Bishop James  Jones  promulgated a voluntary
               ‘Charter’ directed at candour, particularly within inquiry and inquest
               processes.

               Charter for Families Bereaved through Public Tragedy

               In adopting this charter I commit to ensuring that [this public body] learns the
               lessons of the Hillsborough disaster and its aftermath, so that the perspective
               of the bereaved families is not lost.

               I commit to [this public body] becoming an organisation which strives to:

               1.  In the event of a public tragedy, activate its emergency plan and deploy its
                  resources to rescue victims, to support the bereaved and to protect the
                  vulnerable.
               2.  Place the public interest above our own reputation.
               3.  Approach forms of public scrutiny – including public inquiries and inquests
                  –  with candour, in an open, honest and  transparent way, making full
                  disclosure of relevant documents, material and facts. Our objective is to
                  assist the search for the truth. We accept that we should learn from the
                  findings of external scrutiny and from past mistakes.


         212  R (Hoareau) v SSFCA [2018] EWHC 1508 (Admin) [20].
         213  Treasury Solicitor’s Department, ‘Guidance on Discharging the Duty of Candour and Disclosure in
         Judicial Review Proceedings’, 2010, p. ii.

         69
   71   72   73   74   75   76   77   78   79   80   81